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2nd Lien Holders Not Too Smart......

By
Mortgage and Lending with Thomas R. Weiss

All of this talk about short sales really got me thinking, Realtors especially need help in this area because they work real hard to arrange the sale and then a 'Bomb' Drops right in your lap.

I rememeber one instance where i was trying to buy a home that was in foreclosure. The seller was a retired realtor whom just wanted to let it go. The property had a $165,000 First and a $32,000 Second the value around $380,000 to $400,000, so i negotiate with the 1st lender easy enough, i am in the busines, and then i contact the 2nd, not so easy they refused to negotiate Now after all of this, The home goes to foreclosure sale, gets sold but the 2nd lien holder is bid out of there money because of the low bids. This is getting good.... so i am mad not because any lack of expierence, no i have bought alot of homes this way, just that i should have just bought it i just had this feeling. The end is near Just kidding!!!! so any way a week later i find out the house is going back to auction on so and so day and i get back to work, because someone bid without money i would call negotiate the 1st and 2nd and get my home!!!. Well i called the 1st no problem! i called the 2nd big problem! they wouldn't budge again, now i show them you just got out bid the first time around and lost your spot in line to get paid take something now and at least get something... No!! so it goes back to auction and sells again around $200,000 or so and the 2nd lender lost again. I think myself and the 2nd lender both really lost this time because the house sold 2 Years later for over a million dollars. 

I know now more than ever that the second lien holders are budging and have to or else they will lose everything, so fight to get the deal done it will work out, it did for me after the one deal i just wrote about because i never made the mistake again.

Good Luck!!!!!! To All

Tom

Comments (8)

Doug McAnally
RCP Realty Group, LLC - Calera, AL
Working Hard to Make your Experience Easier

Great Post....I may could understand the first time around because of their wait and see attitude but not the second. That is crazy. Did they relaly think the market would change so quickly as to make the house go for a good bit more.

Doug

Jun 15, 2007 12:26 AM
Thomas Weiss
Thomas R. Weiss - West Palm Beach, FL

I don't undersatand what they were thinking... I'm still baffled.

Tom

Jun 15, 2007 12:29 AM
Paul Moye
Benchmark Realty - Franklin, TN
Broker, GRI, SRES

Some back door info. The second lienholder may have lost everything on paper on this property but the first lienholder may have made a deal with them on another property in the US. The seond' loss here may have been necessary to work a del in CA where the Banks position were reveresed and the property loans were in the millions of dollars.

Also note that larger banks swap debt all the time to balance their numbers this is usually noticed when the second lienholder does not bid for Total Debt on the courthouse steps. A clear indicator of some trade in losses going on in other areas of FL or the US between these two lenders.

Jun 15, 2007 12:31 AM
Thomas Weiss
Thomas R. Weiss - West Palm Beach, FL

It's good to know.. I would love to be armed in these situations.

Thanks, Paul

Jun 15, 2007 12:38 AM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

As I said in the comment section of a similar blog.

Sometimes, I think that these banks deserve to lose money....

Jun 15, 2007 12:38 AM
Thomas Weiss
Thomas R. Weiss - West Palm Beach, FL
After what they have done to so many, yes your right..
Jun 15, 2007 12:43 AM
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552
Greedy and stupid is a bad combination.  All too often lenders in foreclosure seem to  have this attitude.  For first position, the  loan may be insured, so  inflexibility may be justified.  For  subordinate loans, it isn't.
Jun 15, 2007 12:45 AM
Anonymous
Evelyn

Hi Tom,

Thank you for interesting information. 

 Here is my situation.

I wanted to buy a condo in Miami. We signed a contact for 170K, but then buyer found out that he needs to bring 20+K to closing so he dropped out of the deal.

Turns out he has first mortgage for 50k and home equity for 125K.

 

I filed for a les pendance for specific performance. Meanwhile first bank filed for foreclose.

I have a default judgment. What should I do?

Dec 29, 2007 02:49 PM
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